How to File an Uninsured or Underinsured Motorist Claim
When the driver who hit you has no insurance, too little, or drives away, the money for your injuries often has to come from your own policy. That is what uninsured and underinsured motorist coverage is for. It is your insurer, but the claim works like a claim against the other driver, and your insurer can dispute it. This guide explains how to find out whether you have the coverage, the notice rules that protect it, and what to do if the claim is denied or underpaid.
What happens when you reach out
- You tell us what happenedSend the short form or call. It takes about a minute, and you share only what you are comfortable with.
- A claim specialist reviews itWe look at your deadlines, the insurer or agency involved, and the records your claim will need.
- We call you backUsually the same day, to explain your options. There is no cost and no obligation.
Prefer to talk now? Call (833) 333-0905 or text 954-933-5065.
Find out what your policy covers
Tell us about the crash and the other driver's insurance. A claim specialist reviews it and calls you back, usually the same day.
Legal Lawsuit is not a law firm. Contacting us does not create an attorney-client relationship.
On this page
Uninsured vs. underinsured coverage
The Insurance Research Council estimates that 15.4% of U.S. drivers were uninsured in 2023, and 20.6% in Florida (Insurance Information Institute). Many more carry only state minimum limits. Two related coverages fill those gaps:
Pays when the at-fault driver has no liability insurance, the insurer is insolvent or denies coverage, or, in many states, when the driver cannot be identified.
Pays the difference when the at-fault driver's liability limits are too low to cover your losses, up to your own UIM limit.
Medical bills, lost income and pain and suffering, the same losses you could claim from an at-fault driver. Vehicle damage is usually a separate coverage.
Do you have it?
Look at the declarations page of your auto policy for "uninsured motorist" or "UM/UIM" and the limits next to it. In many states insurers must include or offer it and you can only turn it down in writing. In Florida, for example, a policy with bodily injury liability coverage includes uninsured motorist coverage unless a named insured rejected it in writing on an approved form (Fla. Stat. §627.727(1)). If you cannot find a signed rejection, ask the insurer for it.
Also check other policies in your household. A relative's policy you live with, or the policy on a car you were riding in, may provide coverage too.
The claim, step by step
Report the crash
Call police and get the report number. For a hit-and-run, report immediately and note anything that identifies the vehicle: color, make, partial plate, damage, direction.
Notify your own insurer promptly
Tell your insurer you may make an uninsured or underinsured motorist claim, even while you pursue the other driver. Policies require prompt notice.
Confirm the other driver's coverage
Get the other driver's insurer to confirm in writing whether there is coverage and what the limits are. A denial or a low limit is what opens the UM or UIM claim.
Protect the coverage before settling
If the other insurer offers its policy limits, do not sign a release until your own insurer has been notified and has had the time the law and your policy give it to respond.
Document and send a demand
Gather medical records and bills, wage records and photos, and send your insurer a written demand for the amount your losses exceed what the other driver's coverage paid.
Negotiate, arbitrate or sue
Many policies send disputed UM claims to arbitration; others are resolved in court. Watch the deadline that applies in your state.
Rules in California and Florida
| State | Rule | Source |
|---|---|---|
| California | For a hit-and-run with an unknown driver, the injury must arise from physical contact with your vehicle or you, the crash must be reported to police or the CHP within 24 hours, and a sworn statement must be filed with the insurer within 30 days. | Cal. Ins. Code §11580.2(b) |
| California | Within two years of the accident you must sue the uninsured motorist, reach an agreement with the insurer on the amount due, or formally start arbitration by certified-mail notice to the insurer. | Cal. Ins. Code §11580.2(i) |
| Florida | UM limits must equal your bodily injury liability limits unless you chose lower limits in writing. | Fla. Stat. §627.727(2) |
| Florida | Before accepting a settlement that will not fully pay your claim, send written notice by certified or registered mail to your UIM insurer. It has 30 days to approve the settlement or pay you the offered amount to keep its right to pursue the other driver. | Fla. Stat. §627.727(6) |
Other states differ on stacking, offsets, physical-contact rules and deadlines. A claim review checks your policy and your state's law.
When your insurer disputes the claim
Because your insurer stands in the shoes of the at-fault driver, it can argue about fault, whether your injuries came from the crash, and what they are worth. Common disputes include:
- a claim that you rejected the coverage, or chose lower limits
- late notice, or settling with the other driver without the required notice
- for hit-and-runs, a lack of physical contact or a late police report where the state requires it
- gaps in treatment or pre-existing conditions
Ask for every denial or low offer in writing with the reasons. In Florida, damages in a bad-faith action against a UM insurer can include amounts over the policy limits, interest and reasonable attorney's fees (Fla. Stat. §627.727(9)). For the rest of the crash claim, see our car accident claim guide.
Common questions
Will my premium go up if I use my UM coverage?
Many states limit or bar rate increases for not-at-fault claims, but rules vary. Ask your insurer or state insurance department how it treats UM claims where you were not at fault.
Can I use UM coverage if I was a passenger or a pedestrian?
Often, yes. UM coverage usually follows the people it insures, not only the car, so it can apply when you are a passenger, a pedestrian or a cyclist. See our pedestrian claim guide.
Do I have to sue my own insurance company?
Not usually. Most UM and UIM claims settle by negotiation or go to arbitration. A lawsuit is a last resort when the insurer will not pay fairly.
Does a claim review cost anything?
No. It is free, and you decide what to do next.
Not sure what your policy will pay?
Call (833) 333-0905 any time, or send the short form. A claim specialist will go through your coverage and the notice deadlines with you.
Legal Lawsuit is an information and claim-review service, not a law firm, and does not provide legal advice. Contacting us does not create an attorney-client relationship. Insurance rules vary by state and policy and change over time; confirm what applies to you with your insurer or a licensed attorney. Legal Lawsuit and TortAdvisor are under common ownership.
